47
.
buckets of water and urine at them” and they threatened to beat them with chains. 139 In the
video presented as evidence by the Commission it can be observed that in a very small
space (an entrance or stairs of a building) there are a lot of people arguing and screaming.
At some time it seems that a man tries to hit another person. In another scene you can
observe how a liquid falls from the building on top of people gathered on the street. 140 Mr.
Gutierrez coincided with the above.141
171. According to the representatives, the fact was denounced on the following day before
the Public Prosecutors’ Office. 142 Approximately six years after filing the complaints the
alleged victims were interviewed.143 The State informed that on July 21, 2008 the 32°
Section of the Public Prosecutors’ Office of the Judicial District of the Metropolitan Area of
Caracas with Full Jurisdiction requested the dismissal of this and other complaintsdenuncias
“because they referred to […] facts that constituted crimes that can only be prosecuted in a
private suit,”144 reason why up to this date the corresponding decision is still being
awaited.145 In the development of the investigation an unjustified procedural inactivity is
observed (infra para. 318)
172. The Court considers that based on the body of evidence it is possible to deem as
proven that Messrs. Isnardo Bravo, Wilmer Marcano, and Winston Gutiérrez faced obstacles
by individuals in their journalistic activities of that day. However, based on the evidence
provided it is not possible to conclude that the physical integrity of Messrs. Isnardo Bravo
and Winston Gutiérrez was affected.
*
*
*
173. The Commission indicated that on April 10, 2002 146 the correspondent Isabel
Mavarez was attacked by a non-identified person while she was covering a news story at the
headquarters of Petróleos de Venezuela (PDVSA), at Chuao. An object was thrown at her
and it hit her in the face, for which she had to receive immediate medical attention. The
representatives indicated that this incident occurred one day before that stated and it was a
rock what hurt Mrs. Mavarez on the forehead, which required 12 stitches. The State argued
that this fact was investigated and it agreed to dismiss the case on May 24, 2007.
139
Cf. statement of Isnardo Bravo (dossier of evidence, volume VIII, appendix 31 to the brief of pleadings,
motions, and evidence, folios 3127-3128).
140
Cf. video titled “RCTV Reporter Isnardo Bravo and his team physically and verbally attacked at the IVSS
headquarters, 03.04.2002” (appendix 34 to the brief of pleadings, motions, and evidence).
141
Cf. transcript of the interview with Winston Gutiérrez before the 32° Public Prosecutors’ Office of the
Metropolitan Area of Caracas on July 9, 2008 (dossier of evidence, volume XXI, folios 6584-6585).
142
Cf. final arguments of the representatives (dossier of merits, volume VIII, folio 2493).
143
Cf. transcript of the interview with Winston Gutiérrez before the 32° Public Prosecutors’ Office of the
Metropolitan Area of Caracas on July 9, 2008 (dossier of evidence, volume XXI, folios 6584-6585) and Request for
dismissal of July 21, 2008 of the 32° Public Prosecutors’ Office of the Metropolitan Area of Caracas with Full
Jurisdiction (dossier of evidence, volume XXVII, folios 9527-9541).
144
Cf. request for dismissal of July 21, 2008 of the 32° Public Prosecutors’ Office of the Metropolitan Area of
Caracas with Full Jurisdiction (dossier of evidence, volume XXVII, folios 9527-9541).
145
Cf. Report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9238).
146
Regarding the date of the facts, based on the evidence it can be concluded that the fact occurred on April
9, 2002.